Town's response to incorporation petition lawsuit shows misunderstanding.
After many more hours of effort by our outstanding legal team, all papers challenging Supervisor Feiner’s rejection of the second petition for a vote on Edgemont’s incorporation are with the Supreme Court of the State of New York, Westchester County.
EIC Article 78 Petition: The lawsuit against Paul Feiner for not certifying the petition.
Feiner's objection: The Town's response to our lawsuit.
EIC Reply Brief: The EIC's response to Feiner's objection.
We note Mr. Feiner’s absurd reasoning and the other extreme measures he has taken to prevent Edgemonters from voting on our preferred form of local governance. But even more remarkable is Mr. Feiner’s failure to understand the fundamental purpose of the petition: to evidence the community’s support for a vote on village incorporation, not to rule on incorporation itself.
Mr. Feiner partially justified rejecting the second petition because, in his opinion, “relevant circumstances have changed significantly” since signatures were gathered. His assertion lacks any data, but even if he could produce a long list of Edgemont residents who have changed their minds, so what? Democracy doesn’t work that way. The decision to incorporate rests with the voters, not on the prognostications of a 28-year politician who has unabashedly expressed his opposition.
If Mr. Feiner really believes people have changed their minds on Edgemont's incorporation, then he should let residents exercise their franchise and vote it down!
Mr. Feiner probably also has a strong gut feeling about the outcome of this Tuesday’s election for Town Supervisor. But, fortunately, we do get to vote on this one. It’s the first contested general election for that office in over a decade, so let’s get out and vote!
-- The EIC